In prescribing fees payable under subsection (1), the Lord Chancellor shall have regard to the need to facilitate access to justice."

132A

Page 41, line 30, at end insert

"but should only seek to recover the recurrent running costs of the courts"

132B

Page 42, line 10, at end insert

"( )

The Lord Chancellor may not under this section seek to recover

(a)

judicial salaries;

(b)

costs of accommodation."

Clause 88

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

133

Page 42, line 17, after "of" insert "all or any part of the"

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

134

Page 42, line 21, leave out "serious"

135

Page 42, line 21, after "serious" insert "and wilful"

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE LORD KINGSLAND

136

Page 42, line 24, at end insert

"( )

Regulations made under this section must provide that a third party costs order shall not be made unless the court considering making the order has

(a)

notified the third party that it is considering making a third party costs order against him, and

(b)

if the third party so requests, hold a hearing to determine whether the third party has been guilty of serious misconduct and whether it is appropriate to make an order against him."

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

137

Page 42, line 24, at end insert

"( )

Serious misconduct shall be an intentional or reckless act that materially contributes to the delay or abandonment of a trial which thereby causes costs to be incurred."

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

137A

Page 42, line 24, at end insert

"( )

In deciding whether there has been serious misconduct, the court must have particular regard to the importance of the Convention right (as defined in the Human Rights Act 1998 (c. 42)) of freedom of expression."

THE LORD THOMAS OF GRESFORD
THE LORD GOODHART

138

Page 42, line 28, at end insert

"( )

make provision for ordering third party costs against the prison service or any security firm for failure to deliver prisoners to the court in time, or at all;"

Clause 92

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

138A

Page 44, line 24, leave out "pecuniary"

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

139

Page 44, line 28, at end insert

"( )

Periodical payments shall be increased or decreased in accordance with the Retail Price Index."

139ZA

Page 44, line 28, at end insert

"( )

In considering whether to order periodical payments under subsection (1), the court shall take into account the views of the claimant."

THE BARONESS FINLAY OF LLANDAFF
THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

139A

Page 45, leave out lines 4 and 5

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

139B

Page 45, line 5, leave out "(a) or"

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

140

Page 45, line 10, after "arrangement" insert "shall not vest in his trustee in the event of his bankruptcy and"

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

140ZA

Page 45, line 18, leave out "whether or not" and insert "if"

140ZB

Page 45, line 22, at end insert "or"

140ZC

Page 46, line 3, leave out from beginning to end of line 42 on page 47

THE BARONESS FINLAY OF LLANDAFF

140A

Page 46, line 6, leave out "(otherwise than in accordance with section 2(5)(c))"

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

140B

Page 46, line 6, at end insert "where there is admitted or proved a significant likelihood of serious deterioration or development of a serious further complication consequent upon the act or omission giving rise to the cause of action"

140C

Page 46, line 6, at end insert "provided that the original court order for periodical payments expressly permits a party to apply to a court for variation in those circumstances"

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE BARONESS FINLAY OF LLANDAFF

141

Page 46, line 6, at end insert

"( )

No order under subsection (1) may permit an order made by a court to be varied more than

(a)

5 years from the date when the order was made by the court, or

(b)

10 years from the date of the inquiry,

whichever is the later."

141ZA

Page 46, line 6, at end insert

"( )

But no order may be made under subsection (1) authorising the increase of periodical payments previously ordered under section 2(1) unless in the proceedings in which the payments were originally ordered

(a)

it was proved or admitted that at some definite or indefinite time in the future the injured person would, as a result of the act or omission which gave rise to the cause of action, develop some serious disease or suffer some serious deterioration in his or her physical or mental condition; and

(b)

the court assessed the periodical payments on the assumption that the injured person would not develop the disease or suffer the deterioration in his condition."

141A

Page 46, leave out lines 17 and 18

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

141AA

Page 46, leave out lines 23 to 26

141AB

Page 46, leave out lines 27 and 28

THE LORD GOODHART
THE LORD THOMAS OF GRESFORD
THE BARONESS FINLAY OF LLANDAFF

141B

Page 46, line 28, leave out "or amend"

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

141C

Page 46, line 34, leave out "may" and insert "shall"

141D

Page 46, line 34, leave out "such persons as he thinks appropriate" and insert "as widely as is reasonable in the circumstances"

141E

Page 46, line 38, at end insert

"but in any event shall only apply to claims arising after the coming into force of this section."

Clause 94

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

142

Page 49, line 37, at end insert "and have regard to his recommendations made as a consequence of that consultation"

Clause 97

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

143

Page 51, line 38, at end insert "or under section 88 (award of costs against third parties)"

THE LORD HUNT OF WIRRAL
THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

147

Page 52, line 31, at end insert

"( )

An order under subsection (3) shall not be made until a draft has been laid before both Houses of Parliament and approved by a resolution of each House."

148

Page 52, line 31, at end insert

"( )

This section shall cease to have effect at the end of three years beginning with the date on which it comes into force."

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

148A

Page 52, line 39, at end insert

"( )

Under section 92, the inserted section 2B of the Damages Act 1996 (c. 48) (variation of orders and settlements) shall not come into effect until the Lord Chancellor is satisfied that secure funding for such future variation to structured settlements is available to defendants."

THE LORD HUNT OF WIRRAL
THE BARONESS SECCOMBE
THE BARONESS ANELAY OF ST JOHNS

The above-named Lords give notice of their intention to oppose the Question that Clause 98 stand part of the Bill.